scholarly journals PELAKSANAAN DISKRESI APARATUR SIPIL NEGARA DALAM RANGKA PENEGAKAN HUKUM

2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Rossi Suparman
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Primary Data ◽  
The Public ◽  
Government Administration ◽  
Legal Position ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
National Police

Secreted as an action or decision that can be used by the state civil service (ASN) under certain conditions, in carrying out the law enforcement duties of civil servants especially the police the authority to use discretion can be applied according to the conditions needed in the context of law enforcement, but after the enactment of Law Number 30 of 2014 concerning Government Administration requires clarity regarding the position of discretion in law enforcement. The method used is a normative approach using secondary and primary data that is analyzed qualitatively. The results showed (1) That the enactment of the Law on Government Administration is an effort to provide a legal position for discretion within the State Civil Apparatus. Discretion is regulated more clearly, from the definition, the limit according to the law, the limit is issued by the authorized official, the purpose, scope, conditions, use of discretion and approval procedures, and the consequences of discretionary law. (2) POLRI in its position as a law enforcement apparatus has the function of enforcing law in the judicial field both preventive and repressive. So with the discretionary authority in the judicial field as stipulated in Law No. 2 of 2002 in Article 18 paragraph (1) that "In the public interest of the Republic of Indonesia National Police officials in carrying out their duties and authorities can act according to their own judgment". (3) that in the relationship between the implementation of discretion according to the Government Administrative Law and the Police Law of the Republic of Indonesia there is an expansion of the purpose of police discretion in law enforcement, which is not only to create and maintain security and order, but also to launch and overcome obstacles in the process of law enforcement.Keywords : Discretion, State Civil Apparatus, Law Enforcement.

Competences of Public Administration of the Slovak Republic in the Area of Defense

2020 ◽  
Vol 11 (2) ◽  
pp. 151-165
Author(s):  
Ryszard Szynowski
Keyword(s):  
Public Administration ◽  
Political Power ◽  
Slovak Republic ◽  
The State ◽  
Self Administration ◽  
The Public ◽  
Government Administration ◽  
The Law ◽  
The Government ◽  
The Many

In one of the many definitions of public administration it was stated that it is the fulfillment of individual and collective needs of citizens, resulting from the co-existence of people in society, realized by the state and its dependent organs. One of the needs of an individual is the need for safety. Ensuring the safety of citizens is realized by the public administration, due to its service to the society as an executive apparatus possessing a democratic mandate of political power, in service of the law created by said organs. A particular role in the area of defense belongs to authoritative administration, which performs tasks including reversing risks and removing dangers, including the realization of tasks and undertakings aimed at military preparation in case of war. The aim of the following article is to present the tasks and competences in the area of protecting the President, the government, government administration officials on duty and local self-administration of the Slovak Republic. Various methods have been used to reach the pre-determined goal, primarily the method of document investigation, which made it possible to gather, sort, describe and scientifically interpret the legal acts of the Slovak Republic regarding defensive matters.

scholarly journals The Meaning of the Expansion of Administrative Court that Covers Factual Actions

2019 ◽  
Vol 1 (1) ◽  
pp. 177-192
Author(s):  
Fellista Ersyta Aji
Keyword(s):  
Data Collection ◽  
Qualitative Approach ◽  
The State ◽  
The Public ◽  
Government Administration ◽  
Research Material ◽  
State Administration ◽  
The Law ◽  
The Government ◽  
Administrative Justice

The Administrative Court and Law No. 5 of 1986 on State Administrative Justice have been provided facilities for the public to sue the government and ask to cancel the decision made by the government. Law No. 30 of 2014 on Government Administration has been stipulated that Government Administration Act more or less supersedes the provisions contained in the Law of the State administrative justice. Especially in this Law which attracts attention is the expansion of object disputes state Administration. The object of the state Administration dispute in this Act is different from its elements to the Law of the State administrative justice. One of these is a written stipulation that includes factual action. There is no explanation for the meaning of factual acts in this Administrative Administration Act. Therefore, further research is needed in this regard. This study aims to find out and understand the meaning of factual actions in Article 87 letter (a) of Law Number 30 of 2014. This study uses a qualitative approach to the type of research Normative Juridical. Data collection techniques are Library study is to collect data conducted by reading, quoting, recording and understanding various literature that have to do with research material. The object of the state Administration disputed in Law Number 5 of 1986 and its amendment has expanded on Law Number 30 Year 2014 on Government Administration. When the object of the dispute expands, it will affect the decision taken by the legal practitioner in this case is the state Administration judge.

scholarly journals PERAN BHABINKAMTIBMAS SERTA MASYARAKAT DALAM UPAYA PENCEGAHAN GANGGUAN KEAMANAN DAN PENYELESAIAN SENGKETA DI KABUPATEN LABUHANBATU

2020 ◽  
Vol 8 (2) ◽  
pp. 82-89
Author(s):  
Wahyu Simon Tampubolon
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Law Enforcement Officers ◽  
The State ◽  
The Public ◽  
The Republic ◽  
National Police ◽  
And Control ◽  
Mutual Agreement

The Indonesian National Police is directly responsible under the President. The police carry out police duties throughout Indonesia. The police are one of the foremost persons of society, the role of the police at this time is as a guardian of security and order as well as law enforcement officers in society related to criminal law, the police are able to carry out their duties professionally, where their birth originates from the community, according to their needs and desires they. This is done in order to create a situation and conditions that are safe, orderly, serene, and peaceful in social life, which then develops in accordance with developments and changes in state conditions. The National Police, which started from the public side, is now on the side of the state, which has a role to face and control the community itself. Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia, the duties, authorities and rights of the police, in which Article 2 the function of the National Police is to maintain security and public order (kamtibmas).In accordance with the philosophical foundation of the Unitary State of the Republic of Indonesia is Pancasila which is the basis of our country, especially the fourth principle "Democracy led by Wisdom in Deliberation / Representation". The fourth precept of this Pancasila, requires that the resolution of disputes, conflicts or cases be carried out through deliberation to reach a consensus which is embraced by a family spirit. This means that any dispute, conflict or case that needs to be built through negotiation or peace procedures between the disputing parties to reach a mutual agreement. Initially court mediation tended to be facultative or voluntary (voluntary), but now it leads to imperative or future (mandatory).Keywords: Bhabinkamtibmas, Society, disturbance, dispute resolution

scholarly journals The Prosecutor’s Authority to Conduct a Criminal Investigation Based on The Government Administration Law

2021 ◽  
Vol 2 (1) ◽  
pp. 11-20
Author(s):  
Leonardo Adiguna
Keyword(s):  
Law Enforcement ◽  
Constitutional Court ◽  
Government Administration ◽  
Normative Approach ◽  
Corruption Case ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
Coordination Patterns ◽  
Financial Losses

This research uses a normative approach, which is carried out by examining laws and theories. Also, this study uses a case approach, namely the 2017 village fund corruption case in Pekon Sukaratu. The main problem in this res­earch is what is the authority of the prosecutor in conducting investigations into criminal acts of corruption after the passage of Law Number 30 of 2014 concerning Government Administration and whether the investigation carried out by the prosecutor at the Pringsewu District Prosecutor's Office in coordination with the Government Internal Supervisory Apparatus or Aparatur Pengawas Internal Pemerintah (APIP) against the allegations a criminal act of corruption in the management of village funds in 2017 in Pekon Sukaratu whose losses to the state have been returned have met the principle of legal certainty. The research results show that the prosecutor has the authority to carry out the law enforcement process, namely the investigation of suspected corruption crimes as stipulated in Article 30 paragraph (1) letter d of the law on the Prosecutor's Office of the Republic of Indonesia. Based on the results of the research that has been done, it is better if changes in laws and regulations related to the elements of corruption in Law No. 31 of 1999 concerning Eradication of Corruption Crime because there is a product of the Constitutional Court with the decision No. 25/PUU-XIV/2016. Besides, there is a need for socialization for prosecutors regarding their authority in TPK investigations and related to coordination patterns with the authority of APIP in carrying out investigations and calculating state financial losses.

scholarly journals IMPIAN YANG TERABAIKAN

2019 ◽  
Vol 4 (II) ◽  
pp. 181-204
Author(s):  
Amrunsyah
Keyword(s):  
Law Enforcement ◽  
Legal Culture ◽  
The State ◽  
Legal Issues ◽  
Legal Certainty ◽  
The Public ◽  
Legal Structure ◽  
The People ◽  
The Law ◽  
The Government

This paper is entitled "The Neglected Dream" (Implementation of the Purpose of Law and Criminal Law in Indonesia). Law and the purpose of law have interrelated and inseparable links. The law always plays an important role in a country even the law has a multifunction with the aim of the public good in order to achieve justice, legal certainty, order, expediency, and others. However, this is far from the fire. That is, the public is only given the wind of heaven and dreams that wash away while the state authorities use the law as a tool to suppress society, so that society can be positioned in accordance with the desires of the state authorities. The implementation of the law and the purpose of the law in force in Indonesia is clearly visible, so through a number of legal theories set forth in this paper will be a little stomping for anyone who understands it when compensating for the facts that occur in the midst of society. In fact, for people who want to get legal justice but in reality are entangled in the law. The government should be serious in responding to this because the people have given full mandate to manage this country, including in dealing with legal issues, both in terms of legal structure, legal substance and legal culture played by law enforcement.

scholarly journals INTERACTION OF LAW ENFORCEMENT AGENCIES WITH THE POPULATION AS A FACTOR OF NATIONAL SECURITY

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Алмас Канатов ◽  
Almas Kanatov ◽  
Максим Баранов ◽  
Maksim Baranov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Fire Service ◽  
Economic Security ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Public ◽  
The Republic ◽  
The Government ◽  
Political Security

Various forms of cooperation between law enforcement authorities and the public (civil society) in the fight against offenses in order to strengthen national security are detailed in the article. Among the law enforcement agencies the following authorities are highlighted: the prosecuting authorities, internal affairs bodies, state fire service, anti-corruption service and the service of economic investigations, which are operating in accordance with the legislative acts of the Republic of Kazakhstan. Certain aspects are researched, the principles for such interaction are proposed. Within counteract threats to national security the author fragmentarily emphasized in particular, social security, military security, political security, economic security, informational security and environmental safety. The role of inter-ministerial committees for prevention of offenses under the Government of the Republic of Kazakhstan and the public councils under law enforcement bodies was distinguished. The authors note that the participation of public organizations in law enforcement activities of the state is provided by the Plan of measures on realization of the State Program of further modernization of the judicial system of the Republic of Kazakhstan for 2014—2020. The mandatory learning of the basics of personal and public safety by citizens, involved in law enforcement activity and the need of methodological and logistical support is provided.

scholarly journals PENGATURAN HUKUM POSITIF INDONESIA TENTANG INVESTASI BODONG (FOREX ILEGAL)

2021 ◽  
pp. 1119
Author(s):  
Lie Natanael ◽  
Cindy Cintya Lauren ◽  
Della Kristina ◽  
Tatang Ruchimat
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Negative Influence ◽  
Capital Investments ◽  
Government Investment ◽  
The Public ◽  
Investment Law ◽  
The Law ◽  
The Republic ◽  
The Government

Fake investment is becoming a phenomenon that has been occurring a lot lately in Indonesia, especially the online kind. Investment is a commitment to invest some fund to one or more asset(s) in some period of time. This article is written with a goal to do research on law enforcement of Indonesian investment law. The method of research that is used is normative law research. It’s found that: Investment in Indonesia is regulated by the Law of The Republic of Indonesia number 25 of 2007 on Capital Investments. System of investing in Indonesia is protected by Law of The Republic of Indonesia number 10 of 1998. The presence of fake investment is bringing negative influence to Indonesian investment scene. Act of fraud or embezzlement in the form of investments can be prosecuted criminally and sentenced up to 4 years of imprisonment according to the Indonesian criminal code article 372 and 378. It is to be expected that public can differentiate which is a legal and which is a fake investment. That could be realized if the public is educated on economics and law. It is a joint responsibility of the government, investment organizers, and academics. Investasi bodong menjadi sebuah fenomena yang sering terjadi belakangan ini sangat marak terjadi di Indonesia, khususnya investasi online. Investasi merupakan komitmen menanamkan sejumlah dana pada satu atau lebih aset selama beberapa periode. Artikel ini dibuat dengan tujuan untuk meneliti penegakkan hukum tentang investasi di Indonesia. Metode yang digunakan adalah penelitian hukum normatif. Dan ditemukan bahwa: Investasi di Indonesia diatur dalam Undang-Undang No. 25 Tahun 2007 Tentang Penanaman Modal. Sistem investasi di Indonesia dilindungi oleh UU No. 10 tahun 1998 tentang Perubahan Undang-undang Nomor 7 Tahun 1992 tentang Perbankan. Kehadiran investasi bodong membawa pengaruh negatif bagi iklim investasi Indonesia. Tindakan penipuan dan penggelapan uang yang berkedok investasi dapat dijerat pidana penjara paling lama empat tahun sesuai Pasal 372 dan 378 UU KUHP. Diharapkan kedepannya masyarakat dapat membedakan mana investasi yang legal dan yang bodong. Hal itu dapat terjadi bila masyarakat teredukasi soal ekonomi dan hukum. Ini menjadi tanggung jawab bersama pemerintah, penyelenggara investasi, dan akademisi.

scholarly journals PERGESERAN KOMPETENSI PERADILAN TATA USAHA NEGARA PASCA DIUNDANGKAN UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN

2020 ◽  
Vol 2 (1) ◽  
pp. 200-207
Author(s):  
Iskatrinah Iskatrinah
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
The State ◽  
Legal Principles ◽  
Government Administration ◽  
Role Of The State ◽  
State Administration ◽  
Approach Method ◽  
The Law ◽  
The Government

One of the characteristics of State Administrative Law, among others, states that the field of state administrative law is difficult to codify because its arrangements are scattered in various institutions / institutions / government agencies. However, difficult does not mean it can not be done. The promulgation of Law 30 of 2014 concerning Government Administration proves that there has been a codification of the law governing the practice of government administration, therefore it is expected to be able to reinforce the existence of the State Administrative Court in administrative law enforcement. Through this paper, the author tries to explain the authority of the State Administrative Court after the Government Administration Act. This research uses the Normative Juridical Approach method, by tracing, examining the object of research through its legal principles, through its laws and legal history, which is used to find out the rationale, background of the legislation that is the object of research, namely the Law 30 of 2014 concerning Government Administration. So at the end of this study it can be concluded that the enactment of Law Number 30 of 2004 concerning Government Administration has increasingly complemented and strengthened the role of the State Administrative Court in the order of administrative law in Indonesia, and as a legal political basis for law enforcement in state administration

scholarly journals Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption

2017 ◽  
Vol 13 (9) ◽  
pp. 51
Author(s):  
Sadjijono Sadjijono ◽  
Bagus Teguh Santoso
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Government Officials ◽  
Legal Concept ◽  
Abuse Of Power ◽  
Government Administration ◽  
The Absolute ◽  
The Law ◽  
The Government ◽  
Administrative Jurisdiction

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.

scholarly journals Measuring Whistleblowing Perceptions among the Civil Service of the Republic of Kosovo

2021 ◽  
Vol 14 (2) ◽  
pp. 135-159
Author(s):  
Shpresa Kaçiku Baljija ◽  
Agron Rustemi
Keyword(s):  
Financial Incentives ◽  
Civil Service ◽  
Family Members ◽  
International Standards ◽  
Primary Data ◽  
Security Measures ◽  
The Public ◽  
Physical Integrity ◽  
The Law ◽  
The Republic

Abstract In 2018, the Parliament of the Republic of Kosovo approved the Law on the Protection of Whistleblowers, setting up the foundations of the whistleblower protection system for the public and private sectors in the country. In line with the international principles for drafting legislation for the protection of whistleblowers, the law provides three channels for reporting wrongdoing and grants protection against any form of retaliation for whistleblowers. Noting the absence of institutional data on whistleblowing in the public sector, for this research article, a survey was implemented with individual members of civil service in Kosovo (n=400), during the period from September to November 2019, to collect primary data related to factors incentivizing and / or discouraging the decision to whistleblow. Data were collected at the national and local levels of state administration, as per the scope of the definition of the civil service by Kosovo legislation. In this contribution, research results reveal that the protection against any form of retaliation guaranteed by the law is not sufficient for members of civil service in Kosovo to support the decision to whistleblow, as concerns arise for the security and physical integrity of their respective family members. Law does not provide financial incentives for civil servants to whistleblow. Data reveal that a satisfactory level of trust is missing on organizational indicators such as trust in the responsible officer, protection of data confidentiality and anonymity, across different levels of categories of civil service. In line with the concerns voiced by members of civil service and international standards for whistleblower protection, the following actionable recommendations are proposed to advance the whistleblowing system in Kosovo: 1) Improve the provision of training for members of civil service on whistleblowing legislation, organizational procedures, whistleblower protection, and rights; 2) Establish strategies to support employees for whistleblowing. Such strategies would include programs enabling whistleblowers access to professional services such as stress management, counseling, and legal services; 3) Enhance security measures for the physical integrity of whistleblowers and their respective family members; 4) Establish incentives to encourage whistleblowing, such as financial rewards.

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